NCLC’s amicus brief supports the appeal of an ED Virginia case holding that it’s accurate and lawful under the FCRA for a consumer reporting agency (CRA) to report sealed or expunged records. The brief explains how the modern background screening industry aggregates public-record data, why sealed and expunged records continue to appear on consumer reports, and why the reporting of records that no longer legally exist is misleading and therefore inaccurate under the FCRA’s “maximum possible accuracy” standard, 15 U.S.C. § 1681e(b). The brief also addresses why 15 U.S.C. § 1681c—which governs obsolescence rather than accuracy—does not resolve the accuracy question presented, and it situates the district court’s decision within the relevant guidance and enforcement history of the Consumer Financial Protection Bureau and the Federal Trade Commission.
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